Criminal and Immigration

Asked over 1 year ago - Haverhill, MA

What can you do after your motion to vacate under Padilla was denied based on that it is not retroactive under Padilla? The case happened in 2001. It is an old case and now my husband is in removal proceedings. I petition for him in 2001 and the I 130 petition was approved. We abandoned the I 485 application and it was denied because of abandonment. My husband an I have been together for 17 years. We have 4 little children one of them is autistic which it will make it harder if he gets deported because she gets a lot of special services in her I.E.P in school. My children don't know any Spanish which makes it difficult if he gets deported. His deportation will cause me extreme hardship and the 6 of us are all U.S citizens. Avvo attorneys please help with your comments. Thank you.

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . What was your husband convicted of?

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . You seem to be describing the hardship factors in your post. However, before we can go into it, we would need to first know the specific statute under which your husband was convicted and review his conviction record in its entirety. Now, if you can figure out how to do that on AVVO, please let me know.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  3. Sarah E. Blackwell

    Contributor Level 12


    Lawyers agree

    Answered . You need to meet with an immigration attorney with experience in removal proceedings and waivers of inadmissibility. Whether your husband can avoid deportation or if can't avoid it, whether he can come back after deportation all turns on facts that are missing. Your situation is too complex to address on AVVO.

  4. Douglas A. A'Hern

    Contributor Level 6


    Lawyer agrees


    Answered . It will depend upon the crime. There is little flexibility if it is an aggravated felony, and you don't appear to be in one of the three federal circuits that allow to readjust status in certain circumstances. If he is in mandatory detention, that could mean it is.

    Many crimes can be overcome with waivers, and some of the factors you mention are very helpful.

    Read the exact sections of law with which he is being charged on the Record of Deportable Alien (Form I-213) and that will tell you if he qualifies for Cancellation of Removal or other forms of relief.

    I can tell you that if he is in removal proceedings - find a lawyer quickly.

    This should not be construed as advice, only information and I recommend for any additional questions you seek the... more

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